The constitution of the United Kingdom or British constitution comprises the written and unwritten arrangements that establish the
United Kingdom of Great Britain and Northern Ireland
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
as a political body. Unlike in most countries, no attempt has been made to codify such arrangements into a single document, thus it is known as an uncodified constitution. This enables the constitution to be easily changed as no provisions are formally entrenched; the
Supreme Court of the United Kingdom recognises that there are constitutional principles, including
parliamentary sovereignty
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all ...
, the
rule of law,
democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which people, the people have the authority to deliberate and decide legislation ("direct democracy"), or to choo ...
, and upholding
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
.
The Supreme Court also recognises that some
Acts of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament be ...
have special constitutional status, and are therefore part of the constitution. These include
Magna Carta, which in 1215 required the King to call a "common counsel" (now called
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
) to represent people, to hold courts in a fixed place, to guarantee fair trials, to guarantee free movement of people, to
free the church from the state, and to guarantee rights of "common" people to use the land. (Most of Magna Carta is no longer in force; those principles it established that still exist are mostly protected by other enactments.) After the
Wars of the Three Kingdoms
The Wars of the Three Kingdoms were a series of related conflicts fought between 1639 and 1653 in the kingdoms of England, Scotland and Ireland, then separate entities united in a personal union under Charles I. They include the 1639 to 1640 B ...
and the
Glorious Revolution, the
Bill of Rights 1689
The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal ...
and the
Claim of Right Act 1689
The Claim of Right (c. 28) is an Act passed by the Convention of the Estates, a sister body to the Parliament of Scotland (or Three Estates), in April 1689. It is one of the key documents of United Kingdom constitutional law and Scottish con ...
cemented Parliament's position as the supreme law making body, and said that the "election of members of Parliament ought to be free".
The
Treaty of Union
The Treaty of Union is the name usually now given to the treaty which led to the creation of the new state of Great Britain, stating that the Kingdom of England (which already included Wales) and the Kingdom of Scotland were to be "United i ...
between England and Scotland in 1706, followed by two
Acts of Union 1707, one in the Scottish, the other in the English parliament, unified England, Wales and Scotland. Ireland joined in a similar way through the
Acts of Union 1801
The Acts of Union 1800 (sometimes incorrectly referred to as a single 'Act of Union 1801') were parallel acts of the Parliament of Great Britain and the Parliament of Ireland which united the Kingdom of Great Britain and the Kingdom of Irela ...
. The
Irish Free State
The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between ...
separated after the 1921
Anglo-Irish Treaty
The 1921 Anglo-Irish Treaty ( ga , An Conradh Angla-Éireannach), commonly known in Ireland as The Treaty and officially the Articles of Agreement for a Treaty Between Great Britain and Ireland, was an agreement between the government of the ...
took effect in 1922. Northern Ireland remained within the union.
After a slow process of electoral reform, the UK guaranteed every adult citizen (21 years or older) the equal right to vote in the
Representation of the People (Equal Franchise) Act 1928
The Representation of the People (Equal Franchise) Act 1928 was an Act of the Parliament of the United Kingdom. This act expanded on the Representation of the People Act 1918 which had given some women the vote in Parliamentary elections for the ...
. After World War II, the UK became a founding member of the
Council of Europe to uphold human rights, and the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
to guarantee international peace and security. The UK was a member of the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
, whose predecessor the
European Communities (the Common Market) it first joined in 1973, but left in 2020. The UK is also a founding member of the
International Labour Organization
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
and the
World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation
in the United Nations System, governments use the organization to establish, revise, and ...
to participate in regulating the global economy.
The leading institutions in the United Kingdom's constitution are Parliament, the judiciary, the executive, the and regional and local governments, including the devolved legislatures and executives of Scotland, Wales, and Northern Ireland. Parliament is the supreme law-making body, and represents the people of the United Kingdom. It consists of the monarch and two houses. The
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
is elected by a democratic vote in the country's 650 constituencies. The
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
, historically dominated by hereditary peers, is now (and especially since 2000) mostly appointed by cross-political party groups from the House of Commons; since it lacks democratic legitimacy, it has no power to block legislation introduced in the Commons. To make a new
Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
, the highest form of law, both Houses must read, amend, or approve proposed legislation three times and the monarch must give their consent. The judiciary interprets the law found in Acts of Parliament and develops the law established by previous cases. The highest court is the twelve-person Supreme Court, as it decides appeals from the Courts of Appeal in England, Wales, and
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
, or the
Court of Session in Scotland. It does not however hear criminal appeals from Scotland. British courts cannot declare Acts of Parliament to be unconstitutional, but can determine whether the acts of the executive are lawful (and invalidate them with
quashing orders if so), or declare any law to be incompatible with the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
(which does not affect its validity and enforcement). The executive manages the United Kingdom day to day. The executive is led by the
prime minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
who is appointed by the monarch and invited to try to form a government, which by convention must have the support of Parliament. The prime minister appoints the
cabinet of other ministers, who lead the executive departments, staffed by civil servants, such as the
Department of Health and Social Care
The Department of Health and Social Care (DHSC) is a department of His Majesty's Government responsible for government policy on health and adult social care matters in England, along with a few elements of the same matters which are not otherw ...
which runs the
National Health Service
The National Health Service (NHS) is the umbrella term for the publicly funded healthcare systems of the United Kingdom (UK). Since 1948, they have been funded out of general taxation. There are three systems which are referred to using the " ...
, or the
Department for Education
The Department for Education (DfE) is a department of His Majesty's Government responsible for child protection, child services, education (compulsory, further and higher education), apprenticeships and wider skills in England.
A Department ...
which funds schools and universities. The
monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority and power i ...
in their public capacity, known as the Crown, embodies the state. Laws can only be made by or with the authority of the Crown in Parliament, all judges sit in place of the Crown and all ministers act in the name of the Crown. The monarch is for the most part a ceremonial figurehead. When giving
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
to new laws, the monarch has not refused to sign any new law since the
Scottish Militia Bill
The Scottish Militia Bill 1708 (known formerly as the Scotch Militia Bill) was a bill that was passed by the House of Commons and House of Lords of the Parliament of Great Britain in early 1708. However, on 11 March 1708, Queen Anne withheld ro ...
in 1708, and it is a
constitutional convention that the monarch follows the advice of ministers.
Most litigation over the British constitution takes place in
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
applications, to decide whether the decisions or acts of public bodies are lawful. All public authority ultimately derives from the Crown, either under the common law or as granted by Parliament. Every public body can only act in accordance with the law, as declared in Acts of Parliament and the decisions of the courts. Under the
Human Rights Act 1998, courts may review government action to decide whether the government has followed the statutory obligation on all public authorities to comply with the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
. Convention rights include everyone's rights to life,
liberty
Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom.
In modern politics, liberty is understood as the state of being free within society fr ...
against
arbitrary arrest or detention,
torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of tortur ...
, and
forced labour or slavery, to a
fair trial
A fair (archaic: faire or fayre) is a gathering of people for a variety of entertainment or commercial activities. Fairs are typically temporary with scheduled times lasting from an afternoon to several weeks.
Types
Variations of fairs incl ...
, to privacy against unlawful surveillance, to freedom of expression, conscience and religion, to respect for private life, to freedom of association including joining
trade union
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ...
s, and to freedom of assembly and protest.
Principles
Although the British constitution is not
codified, the Supreme Court recognises constitutional principles, and constitutional statutes, which shape the use of political power. The main
sources of constitutional law are Acts of Parliament, court cases, and conventions in the way that government, Parliament and the monarch act. There are at least four main constitutional principles recognised by the courts. First,
parliamentary sovereignty
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all ...
means that Acts of Parliament are the supreme source of law. Through the
English Reformation, the
Civil War
A civil war or intrastate war is a war between organized groups within the same state (or country).
The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
, the
Glorious Revolution of 1688
The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and ...
and the
Acts of Union 1707, Parliament became the dominant branch of the state, above the judiciary, executive, monarchy, and church. Although there are a number of formal limitations on the laws Parliament can make, contained in the 1707 Treaty of Union between England and Scotland, it is sometimes asserted that Parliament can make or unmake any law, a fact that is usually justified by Parliament being democratically elected, and upholding the
rule of law, including human rights and international law.
Second, the rule of law has run through the constitution as a fundamental principle from the earliest times as "The king must
enbsp;... under the law, because the law makes the king" (
Henry de Bracton
Henry of Bracton, also Henry de Bracton, also Henricus Bracton, or Henry Bratton also Henry Bretton (c. 1210 – c. 1268) was an English cleric and jurist.
He is famous now for his writings on law, particularly ''De legibus et consuetudinibus ...
in the 13th century). This principle was recognised in
Magna Carta and the
Petition of Right 1628. This means the government may only conduct itself according to legal authority, including respect for human rights. Third, at least since
1928, elections in which all capable adults participate have become a fundamental constitutional principle. Originally only wealthy, property-owning men held rights to vote for the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
, while the monarch, occasionally together with a hereditary
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
, dominated politics. From 1832 onwards adult citizens slowly obtained the right to
universal suffrage
Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political stan ...
.
Fourth, the British constitution is bound to international law, as Parliament has chosen to increase its practical power in cooperation with other countries in international organisations, such as the
International Labour Organization
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
, the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
, the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
, the
World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation
in the United Nations System, governments use the organization to establish, revise, and ...
, and the
International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals f ...
. However, the UK left membership of the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
in 2020 after a
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
in 2016.
Parliamentary sovereignty
Parliamentary sovereignty is often seen as a central element in the British constitution, although its extent is contested. It means that an Act of Parliament is the highest form of law, but also that "Parliament cannot bind itself". Historically, Parliament became sovereign through a series of power struggles between the monarch, the church, the courts, and the people.
Magna Carta in 1215, which came from the conflict leading to the
First Barons' War
The First Barons' War (1215–1217) was a civil war in the Kingdom of England in which a group of rebellious major landowners (commonly referred to as barons) led by Robert Fitzwalter waged war against King John of England. The conflict resulte ...
, granted the right of Parliament to exist for "common counsel" before any tax, against the "
divine right of kings" to rule.
Common land
Common land is land owned by a person or collectively by a number of persons, over which other persons have certain common rights, such as to allow their livestock to graze upon it, to collect wood, or to cut turf for fuel.
A person who has a ...
was guaranteed to people to farm, graze, hunt or fish, though aristocrats continued to dominate politics. In the
Act of Supremacy 1534
The Acts of Supremacy are two acts passed by the Parliament of England in the 16th century that established the English monarchs as the head of the Church of England; two similar laws were passed by the Parliament of Ireland establishing the Eng ...
,
King Henry VIII asserted his divine right over the
Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
in Rome, declaring himself the supreme leader of the
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britai ...
. Then in the ''
Earl of Oxford's case
''Earl of Oxford's case'' (1615) 21 ER 485 is a foundational case for the common law world, that held equity (equitable principle) takes precedence over the common law.
The Lord Chancellor held: "The Cause why there is Chancery is, for that Mens ...
'' in 1615, the
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
(both the King's representative and head of the
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
) asserted the supremacy of the
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equ ...
over the common law courts, contradicting Sir
Edward Coke's assertion that judges could declare statutes void if they went "against common right and reason".
After the
Glorious Revolution of 1688, the
Bill of Rights 1689
The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal ...
cemented Parliament's power over the monarch, and therefore over the church and courts. Parliament became "
sovereign", and supreme. Only 18 years later however, the English Parliament abolished itself in order to create the new "Union" Parliament following on the Treaty of Union between England and Scotland, while the Scottish Parliament did likewise. Power struggles within Parliament continued between the aristocracy and
common people
A commoner, also known as the ''common man'', ''commoners'', the ''common people'' or the ''masses'', was in earlier use an ordinary person in a community or nation who did not have any significant social status, especially a member of neither ...
. Outside Parliament, people from the
Chartists
Chartism was a working-class movement for political reform in the United Kingdom that erupted from 1838 to 1857 and was strongest in 1839, 1842 and 1848. It took its name from the People's Charter of 1838 and was a national protest movement, ...
to the
trade unions
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
fought for the vote in the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
. The
Parliament Act 1911
The Parliament Act 1911 (1 & 2 Geo. 5 c. 13) is an Act of the Parliament of the United Kingdom. It is constitutionally important and partly governs the relationship between the House of Commons and the House of Lords, the two Houses of Parlia ...
ensured the Commons would prevail in any conflict over the unelected
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
. The
Parliament Act 1949 ensured the Lords could only delay legislation by one year, and not delay any budgetary measure over a month.
In a leading case, ''
R (Jackson) v Attorney General'', a group of pro-hunting protestors challenged the
Hunting Act 2004
The Hunting Act 2004 (c 37) is an Act of Parliament, Act of the Parliament of the United Kingdom which bans the hunting of most wild mammals (notably Red fox, foxes, deer, European hare, hares and American mink, mink) with dogs in England and W ...
's ban on fox hunting, arguing it was not a valid Act because it was passed avoiding the House of Lords, using the Parliament Acts. They argued that the 1949 Act itself was passed using the 1911 Act's power to override the Lords in two years. The claimants argued that this meant the 1949 Act should not be considered a valid law, because the 1911 Act was limited in scope and could not be used to amend its own limitation of the Lords' power. The House of Lords, sitting as the UK's highest court, rejected this argument, holding both the
Parliament Act 1949 and the
Hunting Act 2004
The Hunting Act 2004 (c 37) is an Act of Parliament, Act of the Parliament of the United Kingdom which bans the hunting of most wild mammals (notably Red fox, foxes, deer, European hare, hares and American mink, mink) with dogs in England and W ...
to be valid. However, in ''
obiter dicta
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitr ...
'' Lord Hope argued that Parliamentary sovereignty "is no longer, if it ever was, absolute", and that the "rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based", and cannot be used to defend unconstitutional Acts (as determined by the courts). There is not yet a consensus on the meaning of "Parliamentary sovereignty", except that its legitimacy depends on the principle of "the democratic process".
In recent history, Parliament's sovereignty has evolved in four main ways. First, since 1945 international cooperation meant Parliament augmented its power by working with, not dominating, other sovereign nations. The
British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts e ...
, which once colonised a quarter of the world's population and a third of its land, declined after
World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
and disintegrated after
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
. While Parliament had nearly uncontested military power before, and so was thought by writers of the Imperial period to be able to "make or unmake any law whatever", the UK chose to join in the
League of Nations
The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ...
in 1919, and after its failure, the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
1945 to participate in building a system of
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
in place of Empire.
The
Treaty of Versailles
The Treaty of Versailles (french: Traité de Versailles; german: Versailler Vertrag, ) was the most important of the peace treaties of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June ...
in 1919 recalled that "peace can only be established if it is based upon social justice", and the
UN Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: th ...
, "based on the principle of the sovereign equality of all its Members", said that "to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind", the UN would "reaffirm faith in fundamental human rights", and members should "live together in peace with one another as good neighbours". The
Bretton Woods Agreements Act 1945,
United Nations Act 1946
The United Nations Act 1946 (9 & 10 Geo. 6 c. 45) is an Act of the Parliament of the United Kingdom which enables His Majesty's Government to implement resolutions under Article 41 of the United Nations Charter as Orders in Council. Thus Parli ...
and
International Organisations Act 1968 wrote the UK's funding and membership of the United Nations, the
International Monetary Fund
The International Monetary Fund (IMF) is a major financial agency of the United Nations, and an international financial institution, headquartered in Washington, D.C., consisting of 190 countries. Its stated mission is "working to foster glo ...
, the
World Bank
The World Bank is an international financial institution that provides loans and grants to the governments of low- and middle-income countries for the purpose of pursuing capital projects. The World Bank is the collective name for the Inte ...
, and other bodies, into law. For example, the UK bound itself to implement by order UN
Security Council
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
resolutions, up to the actual use of force, in return for representation in the General Assembly and Security Council.
Although the UK has not always clearly followed
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
, it has accepted as a formal duty that its sovereignty would not be used unlawfully. Second, in 1950 the UK helped to write and joined the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
. While that convention reflected norms and cases decided under British statutes and the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
on
civil liberties, the UK accepted that people could appeal to the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
in
Strasbourg, if domestic remedies were not enough. In the
Human Rights Act 1998, Parliament decided that the British judiciary should be required to apply human rights norms directly in determining British cases, to ensure a more speedy, human rights-based resolution to case law, and effectively influence human rights reasoning more.
Third, the UK became a member of the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
after the
European Communities Act 1972 and through its ratification of the
Maastricht Treaty
The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve Member state of the European Union, member states of the European Communities, ...
in 1992. The idea of a Union had long been envisaged by European leaders, including
Winston Churchill
Sir Winston Leonard Spencer Churchill (30 November 187424 January 1965) was a British statesman, soldier, and writer who served as Prime Minister of the United Kingdom twice, from 1940 to 1945 during the Second World War, and again from ...
, who in 1946 had called for a "
United States of Europe".
[e.g. "Speech at the University of Zurich"]
19 September 1946
.[e.g. "Speech to the 69th Annual Conservative Party Conference at Llandudno"]
9 October 1948
. See J. Danzig, "Winston Churchill: A founder of the European Union" (10 November 2013
EU ROPE
/ref> EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
has long been held to prevail in any conflict between Acts of Parliament for the limited fields in which it operates, but member states and citizens gain control over the scope of EU law, and so extend their sovereignty in international affairs, through joint representation in the European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
, Council of the European Union
The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as ...
, and the Commission. This principle was tested in ''R (Factortame Ltd) v Secretary of State for Transport
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars'', or in Irela ...
'', where a fishing business claimed that it should not be required to have 75% of British shareholders, as the Merchant Shipping Act 1988 said.[''R v Secretary of State for Transport, ex parte Factortame Ltd'' 990UKHL 7.] Under EU law, the principle of freedom of establishment states that nationals of any member state can freely incorporate and run a business across the EU without unjustified interference. The House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
held that, because the EU law conflicted with the sections of the 1988 Act, those sections would not be enforced, and disapplied, because Parliament had not clearly expressed an intention to renounce the 1972 Act. According to Lord Bridge "whatever limitation of its sovereignty Parliament accepted when it enacted the 972 Actwas entirely voluntary". It was, therefore, the duty of the courts to apply EU law.
On the other hand, in '''' the Supreme Court held that certain fundamental principles of British constitutional law would not be interpreted by the courts as having been given up by membership of the EU, or probably any international organisation. Here a group protesting against the High Speed 2
High Speed 2 (HS2) is a planned high-speed railway line in England, the first phase of which is under construction in stages and due for completion between 2029 and 2033, depending on approval for later stages. The new line will run from its m ...
rail line from London to Manchester and Leeds claimed that the government had not properly followed an Environmental Impact Assessment Directive by whipping a vote in Parliament to approve the plan. They argued that the Directive required open and free consultation, which was not fulfilled if a party whip compelled party members to vote. The Supreme Court unanimously held the Directive did not require that no party whip occurred, but if a conflict had existed a Directive would not be able to compromise the fundamental constitutional principle from the Bill of Rights
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pr ...
that Parliament is free to organise its affairs.
Fourth, devolution in the United Kingdom has meant Parliament gave power to legislate on specific topics to nations and regions: the Scotland Act 1998
The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was o ...
created the Scottish Parliament, the Government of Wales Act 1998
The Government of Wales Act 1998 (c. 38) is an Act of the Parliament of the United Kingdom.
It was passed in 1998 by the Labour government to create a Welsh Assembly, therefore granting Wales a degree of self-government. This legislative ...
created the Welsh Assembly
The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh ...
, the Northern Ireland Act 1998
__NOTOC__
The Northern Ireland Act 1998 is an Act of the Parliament of the United Kingdom which allowed Westminster to devolve power to Northern Ireland, after decades of direct rule.
It renamed the New Northern Ireland Assembly, established b ...
created a Northern Ireland Executive
The Northern Ireland Executive is the devolved government of Northern Ireland, an administrative branch of the legislature – the Northern Ireland Assembly. It is answerable to the assembly and was initially established according to the ...
following the historic Good Friday Agreement
The Good Friday Agreement (GFA), or Belfast Agreement ( ga, Comhaontú Aoine an Chéasta or ; Ulster-Scots: or ), is a pair of agreements signed on 10 April 1998 that ended most of the violence of The Troubles, a political conflict in No ...
, to bring peace. In addition, the Local Government Act 1972 and the Greater London Authority Act 1999
The Greater London Authority Act 1999 (c. 29) is the Act of Parliament that established the Greater London Authority, the London Assembly and the Mayor of London.
Background
The Act was brought in after a referendum was held under the Great ...
give more limited powers to local and London governments. Practically, but also constitutionally, it has become increasingly accepted that decisions should not be taken for the UK which would override, and run counter to, the will of regional governments. However, in '''', a group of people who sought to remain in the European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
contested the government on whether the Prime Minister could trigger Article 50 to notify the European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body ...
of the UK's intention to leave, without an Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
. This followed the Brexit poll of 2016 where 51.9% of those voting voted to leave.
The claimants argued that, because Brexit
Brexit (; a portmanteau of "British exit") was the withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 GMT on 31 January 2020 (00:00 1 February 2020 CET).The UK also left the European Atomic Energy Community (EAEC ...
would obliterate rights that Parliament had conferred through Acts of Parliament (such as the right of free movement of British citizens in the EU, the right to fair competition through merger control, and the right to vote for EU institutions) only Parliament could consent to notifying the intention to negotiate to leave under Article 50. They also argued that the Sewel Convention for devolved assemblies, where the assembly passes a motion that the Westminster Parliament can legislate on a devolved matter before it does so, meant the UK could not negotiate to leave without the Scottish, Welsh or Northern Ireland legislatures' consent. The Supreme Court held that the government could not begin the process of leaving purely through royal prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
; Parliament must pass an Act enabling it to do so. However, the Sewel convention could not be enforced by courts, rather than observed. This led Prime Minister Theresa May
Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cabi ...
to procure the European Union (Notification of Withdrawal) Act 2017, giving her power to notify the intention to leave the EU.
Rule of law
The rule of law has been regarded as a fundamental principle of modern legal systems, including the UK. It has been called "as important in a free society as the democratic franchise", and even "the ultimate controlling factor on which our constitution is based". Like parliamentary sovereignty, its meaning and extent is disputed. The most widely accepted meanings speak of several factors: Lord Bingham of Cornhill
Sir Thomas Henry Bingham, Baron Bingham of Cornhill, (13 October 193311 September 2010), was an eminent British judge who was successively Master of the Rolls, Lord Chief Justice and Senior Law Lord. He was described as the greatest lawyer o ...
, formerly the highest judge in England and Wales, suggested the rule of law ought to mean that law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
is clear and predictable, not subject to broad or unreasonable discretion, applies equally to all people, with speedy and fair procedures for enforcement, protects fundamental human rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
, and works according to international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
.[ T Bingham, "The Rule of Law" (2007), 66(1) ''Cambridge Law Journal'' 67, ; and see also T. Bingham, ''Rule of Law'' (2008) 8, "all persons and authorities within the state, whether public or private should be bound by and entitled to the benefit of laws publicly made, taking effect (generally) in the future and publicly administered in the courts." Lord Bingham, "The Rule of Law and the Sovereignty of Parliament" (31 October 2007), ]King's College, London
King's College London (informally King's or KCL) is a public university, public research university located in London, England. King's was established by royal charter in 1829 under the patronage of George IV of the United Kingdom, King G ...
, also remarked, "democracy lies at the heart of the concept of the rule of law".
Other definitions seek to exclude human rights and international law as relevant, but largely stem from visions of pre-democratic scholars such as Albert Venn Dicey. The rule of law was explicitly recognised as a "constitutional principle" in section 1 of the Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law L ...
, which limited the judicial role of the Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
and recast the judicial appointments system to entrench independence, diversity and merit. As statute gives no further definition, the practical meaning of the "rule of law" develops through case law.
At its core, the rule of law, in English and British law, has traditionally been the principle of "legality
Legality, in respect of an act, agreement, or contract is the state of being consistent with the law or of being lawful or unlawful in a given jurisdiction, and the construct of power.
According to the Merriam-Webster Dictionary, legality is 1 : ...
". This means that the state, government, and any person acting under government authority (including a corporation), may only act according to law. In 1765, in '' Entick v Carrington'' a writer, John Entick, claimed that the King's Chief Messenger, Nathan Carrington, had no legal authority to break into and ransack his home, and remove his papers. Carrington claimed he had authority from the Secretary of State, Lord Halifax
Edward Frederick Lindley Wood, 1st Earl of Halifax, (16 April 1881 – 23 December 1959), known as The Lord Irwin from 1925 until 1934 and The Viscount Halifax from 1934 until 1944, was a senior British Conservative politician of the 19 ...
, who issued a search "warrant", but there was no statute that gave Lord Halifax the authority to issue search warrants. Lord Camden CJ held that the "great end, for which men entered into society, was to secure their property", and that without any authority "every invasion of private property, be it ever so minute, is a trespass." Carrington acted unlawfully and had to pay damages.
Today this principle of legality is found throughout the European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
, which enables infringements of rights as a starting point only if "in accordance with the law". In 1979, in '' Malone v Metropolitan Police Commissioner'' a man charged with handling stolen goods
Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods.
In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individua ...
claimed the police unlawfully tapped his phone, to get evidence. The only related statute, the Post Office Act 1969
The Post Office Act 1969 (c.48) is an act of the Parliament of the United Kingdom that changed the General Post Office from a department of state to a public corporation, known as the Post Office. It also abolished the office of Postmaster Gener ...
Schedule 5, stated there should be no interference in telecommunications unless the Secretary of State issued a warrant, but said nothing explicit about phone tapping. Megarry VC held there was no wrong at common law, and refused to interpret the statute in light of the right to privacy under the European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
, article 8. On appeal, the European Court of Human Rights concluded the Convention was breached because the statute did not "indicate with reasonable clarity the scope and manner of exercise of the relevant discretion conferred on the public authorities." The judgment, however, was overshadowed by the government swiftly passing a new Act to authorise phone tapping with a warrant. By itself the principle of legality is not enough to alone preserve human rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
in the face of ever more intrusive statutory powers of surveillance by corporations or government.
The rule of law requires the law is truly enforced, though enforcement bodies may have room for discretion. In ''R (Corner House Research) v Director of the Serious Fraud Office
''R (Corner House Research) v Director of the Serious Fraud Office'' '',_a_group_campaigning_against_the_Arms_industry">arms_trade_Arms_trade_may_refer_to:
*the_global_markets_for_any_product_of_the_arms_industry
*Small_arms_trade
*Illegal_arms_trade_(arms_trafficking)
_See_also
*Arms_Trade_Treaty
*Arms_control
*Nuclear_proliferation
*_Chemical_weapon_proliferation
*Arms_race__...
,_The_Corner_House_(organisation).html" ;"title="Arms_industry.html" "title="008UKHL 60is a UK constitutional law case, concerning the rule of law.
Facts
The Corner House (organisation), Corner House Research is a non-governmental organization involve ...